AB105,1,51An Act to amend 281.34 (2); and to create 281.34 (1) (ek), 281.34 (2g) and 281.34 2(7m) of the statutes; relating to: replacement, reconstruction, and transfer of 3an approved high capacity well, recommendation of special groundwater 4measures by the Department of Natural Resources, and metering 5requirements and grants for certain high capacity wells.

Analysis by the Legislative Reference Bureau

This bill makes changes to the laws regulating high capacity wells, which are wells that, together with certain other wells on the same property, have the capacity to withdraw more than 100,000 gallons of water per day.

Activities exempt from approval

Current law requires a person to obtain approval from the Department of Natural Resources before constructing or operating a high capacity well. This bill provides that no additional approval is needed for the owner of an approved high capacity well to 1) repair or maintain the well, 2) construct a replacement high capacity well, if the replacement well's purpose is to prevent contamination or if the replacement well will be substantially the same depth as the existing well and either within a 75-foot radius of the existing well or farther from the nearest groundwater protection area than the existing well, 3) reconstruct the well to substantially the same depth and specifications as the existing well, or 4) transfer the approval at the same time as the owner transfers the land on which the well is located. No additional fee is required for any of these actions, but the owner of the well must notify DNR of any replacement, reconstruction, or transfer. The owner may not take any of these actions if they would be inconsistent with the conditions included in the approval for the high capacity well, and the conditions of the approval continue to apply after any of these actions are taken.

Designated study area

This bill also requires DNR to evaluate and model the hydrology of Pleasant Lake in Waushara County and the Fourteenmile Creek Watershed, the Mecan River Watershed, and the Pine River and Willow Creek Watershed, located in parts of Adams, Green Lake, Juneau, Marquette, Portage, Waupaca, Waushara, Winnebago, and Wood counties (defined in the bill as the “designated study area”). DNR must begin its evaluation of the study area within one year after the effective date of the bill. If DNR determines that special measures relating to existing and potential groundwater withdrawal are necessary in all or part of the study area to prevent or remedy a significant reduction of a navigable stream's or navigable lake's rate of flow or water level below its average seasonal levels, DNR must issue a decision on whether it recommends that the legislature adopt, by statute, special measures relating to groundwater withdrawal in all or part of that area. DNR must hold a public hearing on its decision. Following the public hearing, the bill requires DNR to submit a report to the legislature describing what special measures, if any, it recommends that the legislature adopt in all or part of the study area. DNR must submit this report within three years after beginning its study of the study area.

The bill requires the owner of a new high capacity well located in the study area, or an owner who replaces, reconstructs, or transfers ownership of a high capacity well located in the study area, to provide, with the annual pumping report that it submits to DNR, readings from a water meter showing the well's water usage.

The bill also permits DNR to provide a qualified lake association or lake district with an approval to construct a high capacity well for the purpose of providing water to a lake located in the study area to assist DNR in evaluating and modeling the hydrology of that area, if DNR determines that the lake's water level has been significantly reduced below its average seasonal levels. Under the bill, DNR must waive the application fee and expedite the review and approval process for an application submitted by a qualified lake association or lake district, and may not issue an approval if it determines that providing water from the proposed high capacity well to a lake is likely to result in a violation of water quality standards for that lake. DNR must also develop and administer a financial assistance program to provide grants to qualified lake associations and lake districts to construct high capacity wells for this purpose.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

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1. 281.34 (1) (ek) of the statutes is created to read:

AB105,3,21281.34 (1) (ek) “Reconstruct" means to modify original construction including 2deepening, lining, installing or replacing a screen, and underreaming.

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281.34 (2)Approval required for high capacity wells.AnExcept as provided 5under sub. (2g), an owner shall apply to the department for approval before 6construction of a high capacity well begins. No
Except as provided under sub. (2g), 7no person may construct or withdraw water from a high capacity well without the 8approval of the department under this section or under s. 281.17 (1), 2001 stats. An 9owner applying for approval under this subsection shall pay a fee of $500.

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281.34 (2g)Repair, replacement, reconstruction, and transfer of ownership 12of an approved high capacity well. (a) Except as provided in par. (e), if a high 13capacity well has been approved under this section or under s. 281.17 (1), 2001 stats., 14the owner of that well may take any of the following actions without obtaining an 15additional approval under this section:

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2. Construct a new high capacity well to replace the existing high capacity well 18if the new high capacity well will be constructed in accordance with department 19standards that apply to the construction of new high capacity wells on the date that 20construction of the replacement high capacity well begins, if the existing high 21capacity well is filled and sealed as provided in rules promulgated by the 22department, and if any of the following applies:

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a. The purpose of replacement is to remedy or prevent contamination. The 24owner of the well shall submit documentation of the contamination to the 25department in the manner and form required by the department.

AB105,4,51b. The replacement high capacity well will be drilled to substantially the same 2depth as the existing high capacity well and either will be located within a 75-foot 3radius of the existing high capacity well or will be located farther from the nearest 4groundwater protection area than the existing high capacity well and not be located 5within any other groundwater protection area.

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3. Reconstruct the high capacity well, if the reconstructed high capacity well 7is constructed to substantially the same depth and specifications as the existing high 8capacity well.

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4. Transfer the approval, concurrent with transferring the land on which the 10high capacity well is located, to the person to whom the land is transferred.

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(b) The department may not impose a fee for any action taken under this 12subsection.

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(c) No later than 90 days after taking any action under par. (a) 2., 3., or 4., the 14owner of the high capacity well shall notify the department of the action taken on a 15form prescribed by the department. For any action taken under par. (a) 2., the owner 16shall, on the same form, notify the department of the location of the replacement high 17capacity well and the method by which the existing well was filled and sealed.

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(d) Except as provided in sub. (7), the conditions included in the approval for 19the high capacity well continue to apply after an owner takes any of the actions under 20par. (a).

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(e) An owner of a well may not take an action under par. (a) if the action would 22be inconsistent with the conditions included in the approval for the high capacity 23well.

AB105,5,511. “Designated study area" means the area made up of the Fourteenmile Creek 2Watershed in Adams, Juneau, Portage, Waushara, and Wood counties, the Mecan 3River Watershed in Green Lake, Marquette, and Waushara counties, and the Pine 4River and Willow Creek Watershed in Waupaca, Waushara, and Winnebago 5counties.

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(b) The department shall evaluate and model the hydrology of Pleasant Lake 9in Waushara County and any other navigable stream or navigable lake located in the 10designated study area for which the department seeks to determine whether existing 11and potential groundwater withdrawals are causing or are likely to cause a 12significant reduction of the navigable stream's or navigable lake's rate of flow or 13water level below its average seasonal levels. The department may request, under 14s. 13.10, the joint committee on finance to provide funding and positions for the 15evaluation and modeling under this paragraph. The evaluation under this 16paragraph shall include all relevant factors that may affect groundwater and water 17levels and rates of flow of navigable waters, including topography, ground cover, 18annual and seasonal variations in precipitation, and plant life. The department 19shall begin the evaluation and modeling under this paragraph no later than one year 20after the effective date of this paragraph .... [LRB inserts date].

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(c) If upon conclusion of the evaluation and modeling of the area under par. (b) 22the department determines that special measures relating to existing and potential 23groundwater withdrawal are necessary in all or part of that area to prevent or 24remedy a significant reduction of a navigable stream's or navigable lake's rate of flow 25or water level below its average seasonal levels, the department shall issue a decision 1on whether it recommends that the legislature adopt, by statute, special measures 2relating to groundwater withdrawal in all or part of that area. If the department 3issues a decision recommending that the legislature adopt, by statute, special 4measures relating to groundwater withdrawal in all or part of that area, the decision 5shall contain all of the following information:

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1. A description of the extent to which the department has determined that 7cumulative groundwater withdrawals in all or part of the area cause, or are expected 8to cause, a significant reduction of a navigable stream's or navigable lake's rate of 9flow or water level below its average seasonal levels.

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2. A description of the concrete scientific information that the department used 11to establish that there is a hydrologic connection between the groundwater in all or 12part of the area and the navigable waters in all or part of the area and a causal 13relationship between groundwater withdrawal in all or part of the area and an 14existing or potential significant reduction of a navigable stream's or navigable lake's 15rate of flow or water level below its average seasonal levels, and the degree to which 16the department verified the connection and causal relationship by the use of field 17work or field study.

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3. A description of the geographical boundaries of the area to which the 19department recommends special measures relating to groundwater withdrawal 20should apply. The department shall identify in the description the specific navigable 21water or part of the navigable water that is or may be affected by cumulative 22groundwater withdrawals and shall identify the location of the groundwater 23withdrawals that the department has determined are causing or may cause a 24significant reduction of a navigable stream's or navigable lake's rate of flow or water 25level below its average seasonal levels.

AB105,7,414. Any proposed special measures in the area described under subd. 3. that the 2department recommends that the legislature adopt, by statute, to prevent or remedy 3a significant reduction of a navigable stream's or navigable lake's rate of flow or 4water level below its average seasonal levels.

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5. An economic impact analysis of the economic effect of the special measures 6recommended under subd. 4. on specific businesses, business sectors, public utility 7ratepayers, local governmental units, and the state's economy as a whole.

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(d) The department shall hold a public informational hearing to solicit 9comments on the department's decision under par. (c). The department shall give 10notice of the hearing to each person who owns land in the area that would be affected 11by the proposed special measures under par. (c) 4. and to each owner of a well in that 12area if the well owner has notified the department of the location of that well.

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(e) After holding the public hearing under par. (d), the department shall 14prepare a report on whether it recommends that the legislature adopt, by statute, 15special measures relating to groundwater withdrawal in the area described in its 16decision under par. (c) 3. No later than 3 years after beginning the evaluation and 17modeling under par. (b), the department shall submit the report to the joint 18committee on finance and to the chief clerk of each house of the legislature, for 19distribution under s. 13.172 (3) to the appropriate legislative standing committees 20generally responsible for legislation related to environmental issues.

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(f) If the department recommends in its report submitted under par. (e) that the 22legislature adopt, by statute, special measures relating to groundwater withdrawal 23in the area described in its decision under par. (c) 3., the department shall prepare 24an additional report specifying the special measures relating to groundwater 25withdrawal in that area that the department recommends that the legislature adopt, 1by statute, to prevent or remedy a significant reduction of a navigable stream's or 2navigable lake's rate of flow or water level below its average seasonal levels. No later 3than 3 years after beginning the evaluation and modeling under par. (b), the 4department shall submit the report to the joint committee on finance and to the chief 5clerk of each house of the legislature, for distribution under s. 13.172 (3) to the 6appropriate legislative standing committees generally responsible for legislation 7related to environmental issues.

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(g) Neither a decision of the department under par. (c) nor a recommendation 9of the department under par. (e) are final decisions. Notwithstanding ss. 227.42 (1) 10and 227.52, no person is entitled to administrative or judicial review of a department 11decision under par. (c) or a department recommendation under par. (e).

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(h) The special measures relating to groundwater withdrawal recommended 13by the department under par. (c) 4. or par. (f) shall not be effective unless adopted by 14the legislature by statute. Notwithstanding par. (j), nothing in this subsection shall 15affect the department's review of applications and issuance of approvals for high 16capacity wells located in the area studied under par. (b).

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(i) The owner of a high capacity well that is constructed in the area studied 18under par. (b) after the effective date of this paragraph .... [LRB inserts date], or who 19takes any of the actions described in sub. (2g) (a) 2. to 4. in the area studied under 20par. (b) after the effective date of this paragraph .... [LRB inserts date], shall provide 21to the department, with the owner's annual pumping report under sub. (5) (e) 2., 22readings of a water meter showing the volume of water usage of that high capacity 23well in gallons.

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(j) 1. The department may issue an approval under this section to a qualified 25lake association or lake district to construct and operate a new high capacity well, 1or to operate an existing approved high capacity well, for the sole purpose of 2providing water to a lake that is located wholly or partially in the area studied under 3par. (b) to assist the department in evaluating and modeling the hydrology of that 4area under par. (b), if the department determines that the lake's water level has been 5significantly reduced below its average seasonal levels. For any approval application 6submitted by a qualified lake association or lake district under this paragraph, the 7department shall waive the application fee under sub. (2), expedite the review and 8approval process to the greatest extent possible, and include, as a condition of the 9approval, a limit on the water level of the lake that may be reached as a result of the 10water provided by the proposed well. The department may not issue an approval to 11a qualified lake association or lake district under this paragraph if it determines that 12providing water from the proposed high capacity well to a lake is likely to result in 13a violation of a water quality standard under s. 281.15 for that lake.

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2. The department shall develop and administer a financial assistance 15program to provide assistance to qualified lake associations and lake districts for all 16or part of the cost of constructing or operating an approved high capacity well under 17this paragraph. The financial assistance program shall include provisions relating 18to cost-sharing from qualified lake associations and lake districts receiving 19assistance under the program.

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3. The department shall consider, in its evaluation and modeling under par. (b), 21the effects of the groundwater withdrawal and the supply of water to a lake resulting 22from any high capacity well constructed under this paragraph.

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(k) Paragraphs (i) and (j) cease to apply in, and, notwithstanding sub. (7), 24approvals shall expire that were issued under par. (j) in, any part of the area studied 25under par. (b) to which any of the following applies:

AB105,10,311. The department submits a report under par. (e) recommending that no 2special measures relating to groundwater withdrawal in that part of the area be 3adopted.

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2. The department does not submit the report under par. (e) or (f) within 3 years 5after beginning the evaluation and modeling under par. (b).

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3. The legislature does not adopt, by statute, special measures relating to 7groundwater withdrawal in that part of the area within 12 months after receiving 8a report from the department under par. (f).

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4. The legislature adopts, by statute, special measures relating to groundwater 10withdrawal in that part of the area.